Cosby – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 RantCrush Top 5: June 19, 2017 https://legacy.lawstreetmedia.com/blogs/rantcrush/rantcrush-top-5-june-17-2017/ https://legacy.lawstreetmedia.com/blogs/rantcrush/rantcrush-top-5-june-17-2017/#respond Mon, 19 Jun 2017 16:28:23 +0000 https://lawstreetmedia.com/?p=61515

Could Nickelback lyrics encourage the Senate to release the health care bill?

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Welcome to RantCrush Top 5, where we take you through today’s top five controversial stories in the world of law and policy. Who’s ranting and raving right now? Check it out below:

Terrorist Targets Muslims in London, Muslim Girl Killed in Virginia

Late last night, a van rammed into people leaving a mosque in Finsbury Park in North London. One person died and 10 were injured in what police are investigating as a terror attack, as it was “quite clearly an attack on Muslims.” A white, 48-year-old man has been arrested and is being investigated for attempted murder. According to eyewitness reports, the man who died collapsed after the van hit people–it’s not clear whether his death was a direct result of the attack. The attacker struck just as people were leaving the mosque after evening prayers and breaking their Ramadan fast. Eyewitnesses said the man got out of the van after hitting people and said, “I want to kill Muslims,” repeatedly. He tried to flee the scene, but several people held him to the ground until police arrived.

Also yesterday, a 17-year-old Muslim girl was found beaten to death in a pond in Virginia. The girl, identified as Nabra Hassanen, was reported missing after leaving a mosque in the early morning hours. She was with her friends on their way to get food after prayers, when two men with baseball bats started attacking them. In the chaos that followed, Nabra disappeared. Her body was found later that afternoon. A 22-year-old man was arrested. Although police aren’t investigating this murder as a hate crime, there is evidence to suggest that there has been a surge in anti-Muslim hate crimes in the United States–according to CAIR, there was a 44 percent increase just from 2015 to 2016.

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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ICYMI: Best of the Week https://legacy.lawstreetmedia.com/news/icymi-best-of-the-week-40/ https://legacy.lawstreetmedia.com/news/icymi-best-of-the-week-40/#respond Mon, 21 Dec 2015 16:24:33 +0000 http://lawstreetmedia.com/?p=49678

Check out Law Street's top stories of the week.

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Welcome to Law Street Media’s rundown of the best stories of last week. ICYMI, check out the top three below:

#1 Top Five Reasons Young Law and Policy Minds Should Check Out Portland, Oregon

Portland, Oregon, has long been heralded as one of the hottest cities for millennials. Home to Lewis & Clark Law School, it’s also a great city for young lawyers, as well as young aspiring lawyers. If you fit into one of those categories, and are considering a move, check out some of the top reasons to give Portland a look. Read the full story here.

#2 Drunk Driving on Trial at the Supreme Court

Drunk driving has left parents childless, spouses widowed, and siblings as only children. In 2013 alone, 10,076 people were killed in drunk driving crashes. It has claimed the lives of thousands of people over the years and sparked lobbyist action, which has forced stricter regulation of drunk driving on both the federal and state levels. Most recently, the Supreme Court has agreed to hear a group of three cases, a sequel per se to its 2013 drunk driving decision, in an effort to review warrantless drunk driving tests as a violation of Fourth Amendment rights and the criminalization of a refusal to take a drunk driving test. Click here to learn more about the development of drunk driving as a crime and what the new cases hold for the future.

#3 Bill Cosby Countersues Seven Rape Accusers For Defamation

Bill Cosby.

You used to be able to say that name and conjure up happy memories of family-friendly sitcom episodes, flamboyant knitted sweaters, or pudding pops. But not anymore.

Now America’s former “favorite dad” has become synonymous with drugging women with quaaludes and raping them, after more than 50 women came forward to accuse the comedian of sexual assault. As a result, Cosby is lashing out by filing a defamation lawsuit against seven of his accusers, claiming they ruined his reputation for “financial gain.” Read the full story here.

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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Bill Cosby Rape Allegations Continue: Should We Have Statutes of Limitations for Sexual Assault? https://legacy.lawstreetmedia.com/blogs/crime/bill-cosby-statutes-limitations/ https://legacy.lawstreetmedia.com/blogs/crime/bill-cosby-statutes-limitations/#respond Sat, 01 Aug 2015 14:00:40 +0000 http://lawstreetmedia.wpengine.com/?p=46204

Why hasn't Bill Cosby been charged with a crime?

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Bill Cosby’s fall from grace has taken a new incriminating turn. Recently released court documents reveal the comedic icon formally admitting to drugging women in the past. Unsealed testimony from a 2005 civil suit may finally end the plausible deniability routine that the now-disgraced comedian has used since accusations from over 30 women surfaced. As the evidence and claims against Bill Cosby mount, statute of limitation laws protect him from facing criminal charges in most cases. In light of this, it is important to ask why these statutes exist in the first place and whether they should apply to sexual assault cases.

Recently unsealed testimony from a previous civil lawsuit against Cosby, obtained by the Associated Press, shows the comedic icon admitting under oath to obtaining Quaaludes. He admits to giving the drugs to at least one woman and “other people” with the intent to have sex with them. The 2005 civil case was filed by Temple University employee Andrea Constand, who accused Cosby of sexually assaulting her in 2004. Cosby was not charged with a crime due to a lack of physical evidence, so Constad had to resort to suing him as a means of seeking justice.

According to the unsealed documents, Cosby was asked, “When you got the Quaaludes, was it in your mind that you were going to use these Quaaludes for young women that you wanted to have sex with?” to which Cosby answered “Yes.” He was then asked if he gave women the sedatives without their knowledge, but his lawyers objected before he could respond. Cosby’s lawyers later said that the women knew that he had given them Quaaludes.

Despite the growing number of accusations against him, Cosby has never actually been charged with a crime. This is primarily because most of the alleged crimes took place decades ago, leaving him legally free of charges due to state statute of limitation laws. A statute of limitation is a law that prohibits a prosecutor from charging someone with a crime after a specified period of time has passed. Proponents believe that these laws are to ensure that convictions are based only on valid evidence. Because evidence weakens over time, successfully convicting a defendant years after the fact is typically more difficult. These laws are meant to increase the validity of assault accusations in order to prevent fraudulent claims, and thus prevent an error that might convict an innocent person. Sexual assault cases typically begin with the victim describing what happened to authorities and creating material evidence vital to back up the victim’s accusations.

As of last November, 34 states and Washington, DC have statute of limitation laws for rape or sexual assault charges, ranging anywhere from three to 30 years. For example, charges must be filed within fifteen years of the crime in Georgia, five years in Connecticut, and just three years in Minnesota.

While making a case with deteriorated evidence is challenging, completely disallowing a victim’s ability to seek justice simply because evidence may have deteriorated does not seem fair. Improvements in technology are also slowing down that process, making evidence that was once unreliable much more useful. With more efficient DNA testing, authorities can now test decades old rape kits for DNA samples that previously could not be tested. A rape kit involves a medical inspection of a sexual assault victim and is a very useful means of preserving physical DNA evidence. Improved DNA science has started to give law enforcement agencies the ability to identify rapists dating back several decades.

One case that points to the unfairness of statute of limitation laws is the case of Charles Steele, a man who raped at least four Cleveland women in the mid-90s. The cases went unsolved for 20 years because police never tested the victims’ rape kits for DNA. Evidence collected from the bodies of each victim in 1993 and 1994 remained in storage until Cleveland police tested the kits 2011, leading them to Charles Steele who was already serving a lengthy prison sentence for a different rape. In 2014, Steele received an extended sentence for a minimum of 65 years in prison nearly two decades after the rape occurred. However, one of the indictments against Steele was thrown out due to Ohio’s 20-year statute of limitation law. The crime occurred on March 5th, 1993, but the indictment was issued March 6th, 2013–passing the 20-year limit by just one day. Cases like these are perfect examples of how a victim could be blatantly denied justice because the clock ran out.

As the Cosby controversy and other high profile cases gain public attention, many people are starting to question the validity of these laws. Wendy Davis, a state senator and former Democratic nominee for governor in Texas, proposed the elimination of the statute of limitations for rape and sexual battery cases last year. Davis’ efforts in Texas are one example of the growing opposition to these laws. Lise Lotte Lublin, one of Cosby’s accusers, recently testified at a Nevada Assembly hearing in support of a bill that would eliminate the statute of limitations for rape in the state. Nevada currently has a four-year statute of limitation for rape cases, which precludes Cosby from being charged for Lublin’s rape.

Because of statute of limitation laws, many of Cosby’s alleged victims may never get a chance at justice. Potentially allowing criminals to walk free simply because a certain time period passed, does not make the crime any less vile. Statute of limitation laws were initially created for justice, but now ironically serve as a barricade to it.

Kwame Apea
Kwame Apea is a member of the University of Maryland Class of 2016 and a Law Street Media Fellow for the Summer of 2015. Contact Kwame at staff@LawStreetMedia.com.

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Bill Cosby’s Accusers Come Together On The Cover of New York Magazine https://legacy.lawstreetmedia.com/news/bill-cosbys-accusers-come-together-cover-new-york-magazine/ https://legacy.lawstreetmedia.com/news/bill-cosbys-accusers-come-together-cover-new-york-magazine/#respond Tue, 28 Jul 2015 20:15:00 +0000 http://lawstreetmedia.wpengine.com/?p=45885

Providing a voice for the unheard.

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During this past year the media has paid close attention to Bill Cosby due to the many sexual assault allegations against him. There have been women stepping forward, some named and some anonymous, with similar stories that Cosby drugged and raped them. New York Magazine just recognized these women with its powerful new cover.

Nearly 60 years after Cosby’s first alleged assault, 35 women have come together on the cover of New York Magazine to have their voices heard. The magazine photographed and interviewed the women who have accused the 78-year-old comedian of sexually assaulting them. The story features a combination of videos, photos, and individual testimonies. The list includes supermodels, actresses, playboy bunnies, waitresses, and journalists alongside many other women.

People have constantly questioned if these allegations were true due to some of the women waiting decades to speak out about it, but many claimed they did not speak out because of the fear that no one would believe them. Barbara Bowman, who accused Cosby of assaulting her from 1985 to 1987, said in an interview:

I could have walked down any street of Manhattan at any time and said, ‘I’m being raped and drugged by Bill Cosby,’ but who the hell would have believed me? Nobody, nobody.

Cosby has denied all the sexual allegations despite revealing in a 2005 court deposition that he gave quaaludes to young women with whom he wanted to have sexual relations. The case was filed by Andrea Constand, a former basketball player and administrator at his alma mater, Temple University, who claimed Cosby drugged and raped her in his Pennsylvania home. Constand was the first person to file a lawsuit against Cosby. After the deposition from that case became public three weeks ago, Spelman College ended its long term relationship with Cosby, along with Temple University, and the University of Massachusetts. “The William and Camille Olivia Hanks Cosby Endowed Professorship at Spelman College has been discontinued,” Spelman’s communications office said in a statement Saturday.

Due to statutes of limitation, civil suits and criminal charges must be filed within a specific time period. If they are not filed within this period, then they can’t move forward, no matter how much evidence is presented. Because most of these allegations describe an assault that took place in 2004 or earlier the statutes of limitation for these cases have seemingly passed and Cosby cannot be charged or sued. However, several of the women have filed a defamation suit against Cosby, claiming that he damaged their reputations by accusing them of lying in their accusations against him. Although there a few cases within the statutes of limitation, the amount of time that has passed and lack of physical evidence would make it extremely difficult for him to be prosecuted.

Despite the legal complications, this magazine cover is still incredibly important. So far, there have been a total of 46 women who claimed that Cosby sexually assaulted them, and 35 have stepped up to be on the magazine. On the cover there is a 36th chair left open for the women who have not yet come forward. The cover has been described as brave, powerful, and brilliant. New York Magazine is giving powerful and recognition to the voices of the women who have stepped forward, and all those who were victimized by Cosby.

 

Taelor Bentley
Taelor is a member of the Hampton University Class of 2017 and was a Law Street Media Fellow for the Summer of 2015. Contact Taelor at staff@LawStreetMedia.com.

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Bill Cosby Allegations: A Striking Example of Rape Culture https://legacy.lawstreetmedia.com/blogs/culture-blog/bill-cosby-allegations-striking-example-rape-culture/ https://legacy.lawstreetmedia.com/blogs/culture-blog/bill-cosby-allegations-striking-example-rape-culture/#respond Fri, 21 Nov 2014 13:30:56 +0000 http://lawstreetmedia.wpengine.com/?p=29169

The sexual assault allegations against Bill Cosby are a striking, powerful example of rape culture in America.

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Bill Cosby has, to many, gained the sort of “elder statesman” distinction in the acting world. For all intents and purposes, things were going well for him this year. He signed up to do a new show on NBC and announced a Netflix standup special. Then a comedian named Hannibal Buress did a bit in which he accused Cosby of being a rapist.

Buress was of course not the first person to accuse Cosby of rape. In fact, many of his alleged victims had come forward over the years, starting roughly a decade ago. But because of Cosby’s celebrity status, the allegations had never really stuck. Buress’ point in the video is dead right–many people continue to defend Cosby because of his role in American consciousness as “America’s dad,” or just think that the many, many young women who have come forward with rape allegations are looking for their 15 minutes of fame. In fact, it took another man–Buress–repeating those allegations to even make it into national news.

That’s really just the tip of the iceberg. More and more women are coming forward with their stories–and they all sound pretty similar. Similar enough to make it clear that Cosby used the same M.O. with these women.

These women are finally widely getting support…mostly. Of course, this is America, so we still have a nicely cultivated culture of treating rape victims like shit. I found all of the tweets below by searching “Cosby” on Twitter. It only took me about five minutes. This is why women don’t go forward, and why it’s so essential to stand by the women who have. Because when you come forward you become a walking target for all of this.

Victim Blaming

Mr. Kincannon, doing drugs does not mean you consent to sexual activity. Furthermore, there is significant evidence that Cosby roofied or drugged at least some of these women. A man who doesn’t want to type out the word “vagina” shouldn’t be commenting on matters that require maturity and thoughtfulness, anyway.

Accusations of fame-seeking

That’s why so many people have gotten famous through rape allegations. Really, it’s pretty much the way to get discovered now, along with America’s Got Talent and posting videos on YouTube. Never mind that some of these women–such as Janice Dickinson–are pretty well-known and wealthy in their own rights.

There have been a whole bunch of speculative pieces written about how we’ve all been able to ignore these rape allegations for so long. The most convincing argument I’ve heard is that Cosby isn’t the first powerful man, the first powerful cultural figure to face a case like this. Woody Allen and Jerry Sandusky are both good examples. People ignore the allegations out of a mixture of distrust of the victims and respect for the accused.

For those of you who still don’t believe that rape culture exists, well that’s it right there. Rape culture is a well-respected man being given a pass because it’s inconvenient and upsetting to take his 15-plus victims seriously.

Now, Netflix has postponed the standup special, NBC has cancelled the possible sitcom project, and TV Land has stopped showing reruns of the Cosby show. They probably shouldn’t be applauded too much–I highly doubt that any of the networks are doing this because they are convinced that Cosby is a rapist, but rather because they don’t want the bad publicity. And that’s one more good example of rape culture right there–when a woman comes forward with her story of being sexually assaulted, she’s accused of doing it for publicity’s sake; when networks pull the projects of rapists, they get applause.

Things are getting better in the United States. Our attitudes toward rape and sexual assault are changing, bit by incremental bit. But rape culture is still alive and well–just ask Bill Cosby.

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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